BILL ANALYSIS                                                                                                                                                                                                    Ó

                                                                       AB 801

                                                                      Page  1


          801 (Bloom)

          As Amended  June 1, 2015

          Majority vote

          |Committee       |Votes |Ayes                |Noes                  |
          |                |      |                    |                      |
          |                |      |                    |                      |
          |Higher          |11-2  |Medina, Bloom,      |Baker, Harper         |
          |Education       |      |Chávez, Irwin,      |                      |
          |                |      |Jones-Sawyer,       |                      |
          |                |      |Levine, Linder,     |                      |
          |                |      |Low, Santiago,      |                      |
          |                |      |Weber, Williams     |                      |
          |                |      |                    |                      |
          |Human Services  |5-0   |Chu, Calderon,      |                      |
          |                |      |Lopez,              |                      |
          |                |      |                    |                      |
          |                |      |                    |                      |
          |                |      |Mark Stone,         |                      |
          |                |      |Thurmond            |                      |
          |                |      |                    |                      |
          |Appropriations  |12-3  |Gomez, Bonta,       |Bigelow, Chang,       |
          |                |      |Calderon, Daly,     |Wagner                |
          |                |      |Eggman,             |                      |
          |                |      |                    |                      |
          |                |      |                    |                      |


                                                                       AB 801

                                                                      Page  2

          |                |      |Eduardo Garcia,     |                      |
          |                |      |Gordon, Holden,     |                      |
          |                |      |Quirk, Rendon,      |                      |
          |                |      |Weber, Wood         |                      |
          |                |      |                    |                      |
          |                |      |                    |                      |

          SUMMARY:  Enacts the Success for Homeless Youth in Higher  
          Education Act.  Specifically, this bill:  

          1)Requires the California State University (CSU) and each  
            California Community College (CCC) district (CCD) and requests  
            the University of California (UC), with respect to each campus  
            in their respective jurisdictions that administers a priority  
            enrollment system, grant priority in said system for  
            registration for enrollment to a current or former homeless  

          2)Defines "homeless" per the same meaning as defined in Section  
            725 of the federal McKinney-Vento Homeless Assistance Act;  
            defines "homeless youth" to mean a person who is 24 years of age  
            or younger and who has been determined to be homeless at any  
            time during the current calendar year; and, defines "former  
            homeless youth" to mean a person who is 24 years of age or  
            younger, and who, while not currently homeless, has been  
            determined to be homeless, at any time in the immediately  
            preceding six calendar years, by any of the following:  a) a  
            homeless services provider, as defined; b) the director of a  
            federal TRIO program or Gaining Early Awareness and Readiness  
            for Undergraduate Programs program, or a designee of that  
            director; and, c) a financial aid administrator for an  
            institution of higher education.

          3)Requires a qualifying postsecondary educational institution, as  


                                                                       AB 801

                                                                      Page  3

            defined, to do both of the following:  a) designate an existing  
            staff member within the financial aid office, or another  
            appropriate office or department of the institution to serve as  
            the Homeless and Foster Student Liaison; and, b) inform current  
            and prospective students of the institution about student  
            financial aid and other assistance available to current and  
            former homeless and/or foster youth, including their eligibility  
            as independent students, per the federal Higher Education Act  

          4)Specifies that the designated Homeless and Foster Student  
            Liaison shall be responsible for understanding the provisions of  
            the federal HEA pertaining to financial aid eligibility of  
            current and former foster youth and unaccompanied current and  
            former homeless youth, and for identifying services available  
            and appropriate for enrolled students who fall under one or more  
            of these categories, shall assist said students in applying for  
            and receiving federal and state financial aid and available  

          5)Specifies that the definitions of current and former foster  
            youth and/or homeless youth, as defined, apply for the entire  

          6)Clarifies that the UC Regents are requested to adopt policies,  
            as specified, to the extent that is feasible and equivalent to  
            the provisions of the measure, as specified.

          7)Specifies that a student who currently resides in California,  
            and is 19 years of age or under at the time of enrollment, may  
            be entitled to resident classification until he/she has resided  
            in the state the minimum time necessary to become a resident if  
            he/she has been determined at any time during the two years  
            immediately preceding the residency classification determination  
            to be homeless, as defined.


                                                                       AB 801

                                                                      Page  4

          8)Requires the Community College Student Financial Aid Outreach  
            Program to provide financial aid training to high school and  
            community college counselors and advisors on the specific needs  
            of current and former homeless youth.

          9)Authorizes the California Student Aid Commission (CSAC) to  
            include pupils who are current and former homeless youth to  
            receive support under CSAC's Student Opportunity and Access  

          10)Authorizes the governing board of each CCC, at the time of  
            enrollment of a current or former foster youth, to receive the  
            Board of Governors (BOG) Fee Waiver.

          11)Specifies that if this measure is deemed a state mandate by the  
            Commission on State Mandates, appropriate entities will be  

          12)Makes clarifying and technical changes to existing law.

          EXISTING LAW:  

          1)Requires, until January 1, 2017, the CSU and each CCD and  
            requests the UC, with respect to each campus in their respective  
            jurisdictions that administers a priority enrollment system, to  
            grant priority registration for enrollment of current or former  
            foster youth (Education Code (EC) Section 66025.9).

          2)Establishes the Community College Student Financial Aid Outreach  
            Program, which, among other things, provides financial aid  


                                                                       AB 801

                                                                      Page  5

            training to high school and community college counselors and  
            advisors who work with students planning to attend or attending  
            a CCC.  The training addresses the specific needs of all of the  
            following:  a) CCC students intending to transfer to a four-year  
            institution of higher education; b) foster youth; and, c)  
            students with disabilities (EC Section 69514.5).

          3)Authorizes, CSAC as the administrators of the Student  
            Opportunity and Access Program, to apportion funds on a progress  
            payment schedule for the support of projects designed to  
            increase the accessibility of postsecondary educational  
            opportunities for any of the following elementary and secondary  
            school pupils:  a) pupils who are from low-income families; b)  
            pupils who would be the first in their families to attend  
            college; and, c) pupils who are from schools or geographic  
            regions with documented low-eligibility or college participation  
            rates (EC Section 69561).

          4)Waives the $46 per unit per semester from certain CCC students  
            if, after meeting minimum academic and progress standards  
            adopted by the CCC BOG, meet one of the following criteria:  a)  
            at the time of enrollment are recipients of benefits under the  
            Temporary Assistance for Needy Families program, the  
            Supplemental Security Income/State Supplementary Payment  
            Program, or a general assistance program; b) demonstrates  
            eligibility according to income standards established by  
            regulations of the CCC BOG; c) demonstrates financial need in  
            accordance with the methodology set forth in federal law or  
            regulation for determining the expected family contribution of  
            students seeking financial aid; d) at the time of enrollment is  
            a dependent or surviving spouse who has not remarried, of any  
            member of the California National Guard who, in the line of duty  
            and while in the active service of the state, was killed, died  
            of a disability resulting from an event that occurred while in  
            the active service of the state, or is permanently disabled as a  
            result of an event that occurred while in the active service of  
            the state; e) any student who is the surviving spouse or the  


                                                                       AB 801

                                                                      Page  6

            child, natural or adopted, of a deceased person who qualified  
            for the fee waiver; and, f) any student in an undergraduate  
            program, including a student who has previously graduated from  
            another undergraduate or graduate program, who is the dependent  
            of any individual killed in the September 11, 2001, terrorist  
            attacks on the World Trade Center and the Pentagon or the crash  
            of United Airlines Flight 93 in southwestern Pennsylvania, if  
            that dependent meets the financial need requirements, as  
            specified, and either of the following applies:  (i) the  
            dependent was a resident of California on September 11, 2001;  
            and, (ii) the individual killed in the attacks was a resident of  
            California on September 11, 2001 (EC Section 76300).

          FEDERAL LAW:  Defines the term "homeless children and youth" to  
          mean individuals who lack a fixed, regular, and adequate nighttime  
          residence, as specified, including, but not limited to, the  
          following:  1) children and youth who are sharing the housing of  
          other persons due to loss of housing, economic hardship, or a  
          similar reason; 2) are living in motels, hotels, trailer parks, or  
          camping grounds due to the lack of alternative adequate  
          accommodations; 3) are living in emergency or transitional  
          shelters; 4) are abandoned in hospitals; 5) are awaiting foster  
          care placement; 6) have a primary nighttime residence that is a  
          public or private place not designed for or ordinarily used as a  
          regular sleeping accommodation for human beings; and, 7) are  
          living in cars, parks, public spaces, abandoned buildings,  
          substandard housing, bus or train stations, or similar settings  
          (42 United States Code Section 11301, et seq.).

          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, the public colleges and universities could likely meet  
          this measure's requirement to designate an existing staff person  
          as a liaison within existing resources.  Any additional costs to  
          community colleges would be state reimbursable, however.


                                                                       AB 801

                                                                      Page  7

          COMMENTS:  Background.  According to the National Association for  
          the Education of Homeless Children and Youth (NAEHCY), college  
          homelessness is a serious issue that is often overlooked; there  
          exists an assumption that if someone is homeless, he/she is so  
          focused on basic needs like food and shelter that school is not a  
          concern.  However, NAEHCY contends that for homeless youth,  
          education is the answer to providing homeless youth means to be  
          able to enter into the work force, earn a living, and no longer be  

          To note, there is no concrete estimate for the number of homeless  
          college students nationwide, but 58,158 college applicants  
          indicated that they were homeless on federal financial aid forms  
          for the 2012-13 academic year (most recent data available to  
          date); which, according to NAEHCY, is up 8% from 53,705 in the  
          previous year, according to federal data.  NAEHCY argues that the  
          number is likely understated, since some students may be staying  
          in a car, relatives' or fellow classmates' couches, or motels, and  
          do not realize they are technically homeless, or do not want to  
          admit to it.  Additionally, California has the highest rate of  
          homeless youth in the nation and twice the rate of homeless  
          students as the national average (4% in CA vs. 2% nationally).  

          Purpose of this measure.  According to the author, in the 2012-13  
          school year, in California, there were 18,000 homeless pupils in  
          grade 12 alone; yet only 10,208 California college students in  
          total indicated a status of being homeless and unaccompanied.  The  
          author contends that the data indicates that many homeless youth  
          are not matriculating into higher education and/or are not  
          receiving the financial aid to which they are entitled.  The  
          author states, "This bill seeks to address state barriers to  
          financial assistance for homeless youth."  This measure will also  
          bring parity among current and former homeless youth to that of  
          current and former foster youth, who already receive some  
          exemptions and waivers in current law (e. g. priority enrollment  


                                                                       AB 801

                                                                      Page  8


          Analysis Prepared by:                                               
                          Jeanice Warden / HIGHER ED. / (916) 319-3960  FN: